September 11 2001

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      Plea deal for accused 9/11 plotters revoked by Pentagon chief Lloyd Austin

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      The US secretary of defense, Lloyd Austin, has revoked a plea deal for the alleged mastermind of the 9/11 attacks and two other defendants, reinstating them as death-penalty cases, according to a memo sent to Susan Escallier, who is overseeing the war court proceedings.The short-lived deal came 16 years after prosecution of the three men began.On Wednesday, Escallier announced that she signed a deal with Khalid Sheikh Mohammed and two of his accomplices, Walid Muhammad Salih Mubarak Bin ‘Attash and Mustafa Ahmed Adam al-Hawsawi. Defense lawyers had requested that the men receive life sentences in exchange for the guilty pleas.In Friday’s memo, Austin argued that due to the “significance of the decision to enter into pre-trial agreements with the accused in the above-referenced case, responsibility for such a decision should rest with me as the superior convening authority”.For some victims’ families, the deal Escallier entered into destroyed any chance of a full trial that could have ended in death sentences and given people the opportunity to address the men accused of killing their loved ones, according to the Washington Post.“I would have liked a trial of men who hadn’t been tortured, but we got handed a really poor opportunity for justice, and this is a way to verdicts and finality,” Terry Kay Rockefeller, 74, whose sister Laura was killed on 9/11, told the Post.News of the original plea deal elicited sharp criticism from Republican lawmakers, including Mitch McConnell and JD Vance, who decried the deal, and the New York congresswoman Elise Stefanik, who accused the Biden-Harris administration of betraying the American people.J Wells Dixon, a staff attorney at the Center for Constitutional Rights who has represented defendants at Guantánamo Bay as well as other detainees there who have been cleared of any wrongdoing, had welcomed the plea bargains as the only feasible way to resolve the long-stalled and legally fraught 9/11 cases.Dixon accused Austin on Friday of “bowing to political pressure and pushing some victim family members over an emotional cliff” by rescinding the plea deals.Lawyers for the two sides have been exploring a negotiated resolution to the case for over a year. President Joe Biden blocked a proposed plea bargain in the case last year, when he refused to offer requested presidential guarantees that the men would be spared solitary confinement and provided trauma care for the torture they underwent while in CIA custody.A senior Pentagon official told the New York Times that the president and vice-president had no involvement in Austin’s decision to rescind the controversial deal.Mohammed and the other defendants had been expected to formally enter their pleas under the deal as soon as next week.Mohammed is accused of masterminding the plot to fly hijacked commercial passenger aircraft into the World Trade Center in New York and into the Pentagon. The 9/11 attacks killed nearly 3,000 people and plunged the United States into what would become a two-decade-long war in Afghanistan.The US military commission overseeing the cases of five defendants in the 9/11 attacks have been stuck in pre-trial hearings and other preliminary court action since 2008. The torture that the defendants underwent while in CIA custody has slowed the cases and left the prospect of full trials and verdicts still uncertain, in part because of the inadmissibility of evidence linked to the torture.Associated Press contributed to this report More

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      Defense Secretary Revokes Plea Deal for Accused Sept. 11 Plotters

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      Defense Secretary Lloyd J. Austin III assumed direct oversight of the case and effectively put the death penalty back on the table.Defense Secretary Lloyd J. Austin III on Friday overruled the overseer of the war court at Guantánamo Bay and revoked a plea agreement reached earlier this week with the accused mastermind of the Sept. 11, 2001, attacks and two alleged accomplices.The Pentagon announced the decision with a memorandum relieving the senior Defense Department official responsible for military commissions of her oversight of the capital case against Khalid Shaikh Mohammed and his alleged accomplices for the attacks that killed nearly 3,000 people in New York City, at the Pentagon and in a Pennsylvania field.The overseer, retired Brig. Gen. Susan K. Escallier, signed a pretrial agreement on Wednesday with Mr. Mohammed, Walid bin Attash and Mustafa al-Hawsawi that exchanged guilty pleas for sentences of at most life in prison.In taking away the authority, Mr. Austin assumed direct oversight of the case and canceled the agreement, effectively reinstating it as a death-penalty case. He left Ms. Escallier in the role of oversight of Guantánamo’s other cases.Because of the stakes involved, the “responsibility for such a decision should rest with me,” Mr. Austin said in an order released Friday night by the Pentagon.“Effective immediately, in the exercise of my authority, I hereby withdraw from the three pretrial agreements that you signed on July 31, 2024.”We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      The Guardian view on Guantánamo Bay: betraying the victims of terrorism too | Editorial

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      There is no neat exit point from grief. Each anniversary, each life event, each addition to or loss from the family, can bring renewed pain to the bereaved. For relatives of the almost 3,000 killed in the terror attacks on September 11, 2001, that suffering has been compounded by the lack of accountability for their deaths.This week, the US announced that it had reached a plea deal with Khalid Sheikh Mohammed, described as the attack’s architect, and two accomplices, Walid Muhammad Salih Mubarak Bin ‘Attash, and Mustafa Ahmed Adam al-Hawsawi. They will avoid the death penalty, instead receiving life sentences in exchange for pleading guilty to all the offences with which they were charged. Negotiations continue with two more men. All have been in US custody since 2002, and are held at Guantánamo Bay, in Cuba. For many relatives, there is anger that there will be no trial, and in some cases that the men will not be executed. But for others there is some relief that after 23 years there is a kind of conclusion to the case, however partial and unsatisfactory.Last year, Fionnuala Ní Aoláin, the first UN rights investigator to be allowed to visit since the camp’s establishment, described its use of torture as “a betrayal of the rights of victims” of terrorism, as well as breaching the rights of those who had spent more than two decades in indefinite detention. Torture was not merely the standard operating procedure at Guantánamo Bay. It was its raison d’etre. Men were taken there because it lay outside the rule of law. The abuse, however, made it essentially impossible to proceed with material derived from their interrogations, even under the conditions of a military tribunal rather than a criminal trial. Victims of torture lie so that it will stop. This week’s plea deals are not a vindication of the site’s existence: quite the opposite. Over a decade of pretrial hearings have been absorbed by litigating torture, rather than establishing responsibility for terrorism.While conditions have improved, Prof Ní Aoláin, then the special rapporteur on human rights and counter-terrorism, wrote that detainees were still subject to “cruel, inhuman and degrading treatment”, in addition to living with the “unrelenting harms” from previous abuses. Several have killed themselves; others have been left with severe mental illness.Guantánamo Bay should never have been opened. This was the conclusion not only of human rights groups and lawyers, but of the US general tasked with setting up the detention camp, Michael Lehnert. Even without considering the moral and legal case, he – like others – quickly concluded that many detainees had little intelligence value, and insufficient evidence linking them to war crimes. Of the hundreds kept there, only 18 have been charged with a crime. In 2009, Barack Obama, then US president, vowed to shut the facility within a year. But despite releases and transfers, around 30 men are still held, at a cost of around $14m each annually.The conclusion of a legal process – however inadequate – means that for some, the detention camp will become more akin to a prison. But as Maj Gen Lehnert wrote almost a decade ago, it is hard to overstate the damage caused by its continuing existence. Repressive governments use it to deflect attacks on their own policies; violent extremists employ it as a recruiting tool. As long as it remains open, the place “where due process goes to die” will remain a stain upon the US. More

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      Robert F Kennedy Jr promises to not ‘take sides’ with respect to 9/11 if elected president

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      Robert F Kennedy Jr has made a startling pledge to not “take sides” with respect to the September 11 terrorist attacks if his long-shot presidential campaign vaults him to the White House.“My take on 9/11: It’s hard to tell what is a conspiracy theory and what isn’t. But conspiracy theories flourish when the government routinely lies to the public,” Kennedy wrote on Friday in a post on X in reference to the deadliest terrorist attack ever aimed at the US. “As president I won’t take sides on 9/11 or any of the other debates.“But I can promise … that I will open the files and usher in a new era of transparency.”The attacks killed nearly 3,000 people in 2001 after terrorists hijacked and crashed passenger planes into New York’s World Trade Center, the Pentagon in Washington DC and a field in Pennsylvania.Kennedy’s decision to revisit one of the most traumatic subjects in American history came just three days after the noted conspiracy theorist responded to an allegation that he sexually assaulted a babysitter previously in his employ by saying: “I’m not a church boy” and “I am who I am.”That allegation – reported in Vanity Fair – came amid growing scrutiny of his independent run for president, which has fueled worries among Democrats and Republicans that he could decide November’s election by pulling votes away from Joe Biden, Donald Trump or both in key states.Friday’s statement on X was not the first time Kennedy had expressed dubiousness about the US’s official account of 9/11. In a podcast interview in September, he refused to say al-Qaida carried out the attacks – as the terrorist organization acknowledged and investigators determined long ago.Kennedy wrote on Friday that he was prompted to speak out by a recent report from the CBS news program 60 Minutes which chronicled how a man identified by the FBI as a Saudi intelligence agent filmed locations in the center of Washington just three months before 9/11.A court action from family members of September 11 victims, who contend that the Saudi government was complicit in the terrorist attacks, brought the footage to light. Saudi rulers deny the victims’ families’ claims.For his part, Kennedy on Friday described himself as “agnostic” concerning 9/11, so-called UFOs “and other contentious topics”.“My issue is transparency,” Kennedy added in a related follow-up post on X.Kennedy is polling at less than 10% of the national vote and is highly unlikely to win the presidency, according to FiveThirtyEight’s average.skip past newsletter promotionafter newsletter promotionHis relation to his father, Robert F Kennedy – the New York senator who was assassinated in 1968 – and uncle John F Kennedy, who was president at the time of his 1963 assassination, has afforded his campaign attention. So has his marriage to actor and comedian Cheryl Hines.In addition to his 9/11 skepticism, peddling falsehoods about Covid-19 and vaccine safety has seemingly undermined Kennedy’s effort to attract wider support. And so have outlandish claims such as linking antidepressants to school shootings and asserting that certain chemicals in water make children transgender.The 27 June presidential debate – marked by a calamitous Biden performance that left his party in a panic as well as Trump’s rapid-fire delivery of lies and half-truths – did little to improve Kennedy’s standing.A recent HarrisX/Forbes poll found a paltry 18% of voters were more likely to vote for a third-party candidate after the debate.“Whatever shaking of the box happened with the debate, these voters aren’t really yet thinking about RFK Jr or any of the third-party candidates,” HarrisX chief executive officer Dritan Nesho later said. “None of the tickets are prominent enough at this stage to be able to capture a good share of vote – at least that’s what we’re seeing in polls right now.” More

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      Battlefield Commander’s Case Goes to Guantánamo Jury

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      The panel is deciding a sentence for a prisoner who pleaded guilty to commanding Qaeda and Taliban forces in Afghanistan that carried out war crimes.A military jury on Wednesday began deliberating a sentence for an admitted war criminal at Guantánamo Bay after prosecution and defense lawyers portrayed the prisoner as, alternately, a senior member of a global Qaeda conspiracy or a battlefield commander defending Afghanistan from the U.S. invasion.Many of the U.S. officers serving on the 11-member panel are themselves veterans of the U.S. wars in Afghanistan and Iraq. How they view the crimes of the man called Abd al-Hadi al-Iraqi could influence the length of his sentence, and whether they heed his lawyer’s request to recommend clemency.The closing arguments focused on the battlefield in wartime Afghanistan, in contrast to the court’s better known cases, the Sept. 11, 2001, attacks and the U.S.S. Cole bombing in 2000, which are portrayed as acts of terrorism.Mr. Hadi, 63, who was captured in 2006, pleaded guilty in 2022. Under the terms of his agreement, he is to receive a sentence in the 25- to 30-year range. But he could be released to the custody of a trusted country, if one can be found that will give him specialized care for a paralyzing spine disease that has left him disabled.Douglas J. Short, the lead prosecutor, called Mr. Hadi a “senior member of one of the most notorious conspiracies to date, Al Qaeda,” who joined the movement before the Sept. 11 attacks and did not give up the fight when the United States invaded. Mr. Short said that Mr. Hadi put civilians in harm’s way in a campaign of suicide bombings and other operations in the early 2000s in Afghanistan, when the United States was pursuing a “hearts and minds” strategy.He offered a timeline of the deaths of 17 U.S. and foreign coalition soldiers in 2003 and 2004. They were war crimes, he said, because the Taliban and Qaeda forces who carried them out blended in with the civilian population and used unorthodox methods of warfare, such as turning civilian taxis into bombs by packing them with explosives.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      War Crimes Hearing Gives Public Virtual Look Inside a Secret C.I.A. Prison

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      Years after the agency’s “black site” program was shut down, details are slowly emerging during trials at Guantánamo Bay.The public on Monday got its first view of a C.I.A. “black site,” including a windowless, closet-size cell where a former Qaeda commander was held during what he described as the most humiliating experience of his time in U.S. custody.The former commander, Abd al-Hadi al-Iraqi, led the 360-degree virtual tour of the site, Quiet Room 4, during a sentencing hearing at Guantánamo Bay that began last week. He described being blindfolded, stripped, forcibly shaved and photographed naked on two occasions after his capture in 2006.He never saw the sun, nor heard the voices of his guards, who were dressed entirely in black, including their masks.Mr. Hadi, 63, was one of the last prisoners to be held in the overseas black site network where the George W. Bush administration held and interrogated about 100 terrorism suspects after the attacks of Sept. 11, 2001.Even now, years after the Obama administration shut the program down, its secrets remain. But the details are slowly emerging at the national security trials of former prisoners at Guantánamo Bay.In court on Monday, spectators saw Quiet Room 4, a 6-foot-square empty chamber, which Mr. Hadi said resembled the place he was held for three months — minus a bloodstain that was on the wall of his cell then.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Jury in Federal Lawsuit Deadlocks on Abu Ghraib Torture Allegations

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      Three Iraqi men sued a Virginia contractor that supplied interrogators to the U.S. military after the 2003 invasion of Iraq.A federal jury in Virginia said on Thursday that it was unable to reach a verdict in a lawsuit filed by three Iraqi men who said they were tortured while being held by the United States at the notorious Abu Ghraib prison two decades ago.The jurors had deliberated for almost eight days, and with the panel still deadlocked the judge in the case, Leonie M. Brinkema of the U.S. District Court in Alexandria, declared a mistrial on Thursday.The three plaintiffs had sued a defense contractor, CACI Premier Technology, asserting that CACI employees working as interrogators at the prison directed U.S. military guards to abuse the men in an effort to “soften” them up.The testimony of the three men last month was the first time a civilian jury had heard allegations of post-9/11 abuses directly from detainees.In a handwritten note to the judge on Thursday, the jury foreman wrote that the jury could not reach a unanimous verdict, largely because of differing interpretations of the evidence and of a legal defense known as the “borrowed servant” doctrine, where CACI could avoid liability by proving that its employees were under government control.The mistrial means that the lawsuit, filed in 2008, can continue, if the plaintiffs seek another trial and the court agrees.The plaintiffs were represented by the Center for Constitutional Rights, a human rights organization, and Patterson Belknap Webb & Tyler, a law firm in New York.Baher Azmy, a lawyer at the Center for Constitutional Rights, said the plaintiffs’ legal team would “pursue our right to a retrial.”J. William Koegel Jr., CACI’s general counsel, did not respond to a request for comment.In 2013, another contractor that had employees at Abu Ghraib settled a similar case by agreeing to pay $5 million.The trial in the lawsuit came 20 years after the abuse at Abu Ghraib was exposed.Marco Di Lauro/Getty ImagesFor more than a decade, CACI sought to have the case against it dismissed, filing a host of motions and appeals challenging the viability of the plaintiffs’ claims. In particular, CACI sought immunity from claims filed under the Alien Tort Statute, which permits foreign citizens to seek damages in federal court for violations of international law.In 2013 and again in 2021, the U.S. Supreme Court limited the statute’s scope, requiring that the conduct at issue be closely tied to the United States. CACI invoked those decisions to argue that the three Iraqi men’s lawsuit should be thrown out, but Judge Brinkema ruled that the case could proceed.During five days of testimony, the jury heard the three plaintiffs, now middle age, describe their treatment in U.S. custody at Abu Ghraib.One plaintiff, Salah Al-Ejaili, said he was shackled naked in a painful stress position, kept that way overnight and ordered to wipe up his own vomit the next morning. Asa’ad Al-Zuba’e said he was forced to crawl on his stomach down a hallway with a bag over his head, until his legs bled. Suhail Al Shimari said he was threatened with rape and death.“I had no control over what was happening to me, or what would happen to me,” Mr. Al-Ejaili said.The jury also heard testimony from two retired Army generals who had investigated Abu Ghraib. A report by one of them, Gen. Antonio Taguba, found that one of CACI’s civilian interrogators “made a false statement” and “clearly knew his instructions equated to physical abuse” that was carried out by U.S. military police.The trial in the lawsuit came 20 years after the abuse at Abu Ghraib was exposed, with the publication of photos taken by Abu Ghraib guards showing military police pulling a detainee by a leash, posing beside a pyramid of naked detainees and giving a thumbs-up sign beside an ice-packed corpse.The photos were followed by revelations that senior Bush administration officials had authorized brutal “enhanced interrogation techniques” after the terror attacks of Sept. 11, 2001. But the military characterized the Abu Ghraib abuses as the misconduct of a few bad apples. Fewer than a dozen enlisted soldiers were convicted in courts-martial and sentenced to military prison.“Everyone knew it was wrong,” said Charles A. Graner, one of the convicted soldiers who was often described as the “ringleader” of the troops committing abuses at the time. “And no one was willing to step up and stop it.”The defendant, a subsidiary of CACI International, based in Virginia, has denied wrongdoing. None of the most damning images from Abu Ghraib show CACI contractors engaging in misconduct.The civil trial in federal court in Virginia marked the first time a civilian jury had heard allegations directly from detainees.Shuran Huang for The New York Times More

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      Sept. 11 Trial Plea Negotiations Still Underway at Guantánamo Bay

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      The lead prosecutor briefed the judge on the talks in an effort to fend off a claim that members of Congress had unlawfully meddled in the negotiations.Prosecutors and defense lawyers are still negotiating toward a plea agreement for the men accused of plotting the Sept. 11, 2001, attacks despite the Biden administration’s refusal to endorse certain proposed conditions, the lead prosecutor said in court on Wednesday at Guantánamo Bay.“This is all whirling around us,” said Clayton G. Trivett Jr., the prosecutor, discussing key details of the negotiations in open court for the first time. He added that “around the edges we have agreed to do things” and that “the positions that we took at the time are still available.”In mostly secret negotiations in 2022 and 2023, prosecutors offered to drop the death penalty from the case in exchange for detailed admissions by the accused architect, Khalid Shaikh Mohammed, and four other men who are charged as his accomplices in the hijackings that killed nearly 3,000 people. Since then, one of the five men has been ruled not mentally competent to stand trial.The occasion of the briefing was a legal filing by lawyers for Ammar al-Baluchi, one of the defendants and Mr. Mohammed’s nephew, asking the judge to dismiss the case or at least the possibility of a death penalty because of real or apparent political interference by Senator Ted Cruz, Republican of Texas, and other members of Congress last summer.In August 2023, those members of Congress began urging relatives of Sept. 11 victims on social media to pressure President Biden to derail any deal that would prevent capital punishment.At the time, the White House was deciding whether to endorse certain conditions sought through the talks, most related to addressing the physical and psychological damage the men had from torture in their early years of incommunicado custody by the C.I.A.On Sept. 6, 2023, the White House declined to get involved.Rita J. Radostitz, a lawyer for Mr. Baluchi, said that Mr. Cruz then took “a victory lap.”“The Biden administration was prepared to give them a plea deal,” Mr. Cruz posted on social media. He went on, using the acronym for the Defense Department, “After I pressed the DoD, they reversed course & rejected the plea deal. Big win for justice.”But both defense and prosecution lawyers told the judge on Wednesday that the White House position did not derail the talks.When Mr. Cruz got involved, defense lawyers were “working with the prosecution streamlining all the litigation to present, in an open setting, a full examination of the events of 9/11 and answer all the victim family members’ questions about what happened,” said Gary D. Sowards, Mr. Mohammed’s lawyer.Any deal would take the death penalty off the table and require a mini-trial and airing of the facts of the attack, he said.The defendants want guarantees of trauma care for head injuries, gastrointestinal damage and mental illnesses blamed on their C.I.A. detention; to continue to eat and pray together communally, rather than be held in solitary confinement; and to get better communication with their families rather than recorded video calls. But Mr. Trivett said those demands, called “policy principles,” require infrastructure, funding and executive branch approval. So he forwarded them to the general counsel of the Defense Department while his team secretly negotiated how a plea agreement would play out in the Guantánamo court.He said Congress had legitimate interests in that aspect of the negotiations, because some assurances would require funding — and Congress decides the Pentagon’s budget.Mr. Sowards said a negotiated settlement at Guantánamo would not resemble one in federal court, where a defendant comes to plead guilty and is sentenced without a trial.These negotiations between prosecution and defense lawyers were working toward a lengthy, open court process that would involve a detailed plea, presentation of the crime, testimony by victims and possibly an opportunity for family members to have the defendants answer their questions, Mr. Sowards said.In military commissions, that process can last months.Mr. Trivett told the judge that about 20,000 people can be counted as relatives of the victims of the attacks, and there was no agreement “on what is justice in this case, what is an appropriate punishment.” He made the presentation on a rare week when only one relative was watching in the spectators’ gallery.“I’m glad to hear they’re still talking, and that there’s an openness to bringing a plausible resolution that will give some sort of finality to everyone involved,” said Colleen Kelly, whose brother Bill was killed at the World Trade Center.By “everyone,” she said, she meant the Sept. 11 families, the prosecution and the defense lawyers, some who have been shouldering this responsibility for two decades. Ms. Kelly, a founder of the Sept. 11th Families for Peaceful Tomorrows movement, came to Guantánamo on Saturday to watch a week of hearings as a court-approved “nongovernmental observer.”This is the third week of a five-week pretrial hearing session, and as it happened, the prosecutors sponsored no family members as guest observers.Last month, when family members were watching the proceedings, another prosecutor told the judge that, regardless of the outcome of their trial, Mr. Mohammed and the others could be held forever in a form of preventive detention.In disclosing the details of the continuing talks, Mr. Trivett said there had been no unlawful influence on his team. “Nobody has threatened me,” he said, adding that he was under no pressure “not to negotiate consistent with what we consider to be a just result.”On Wednesday, Darin Miller, a spokesman for Mr. Cruz, said the senator would continue his efforts.“During his time in the Senate, Senator Cruz has led efforts to combat terrorists, from the Iran-controlled Houthis to the Revolutionary Armed Forces of Colombia (FARC) to Hamas, in addition to advocating against plea deals for terrorists being charged for plotting and planning 9/11. He will continue to do so,” Mr. Miller said. More